In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 19-1970V

UNPUBLISHED

MEGAN SWANZER,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

Respondent.

Chief Special Master Corcoran 

Filed: July 25, 2022

Special Processing Unit (SPU); 

Damages Decision based on Proffer; 

Influenza (Flu) Vaccine; Shoulder 

Injury Related to Vaccine 

Administration (SIRVA)

Bobbie L. Flynt, Crandall & Pera Law, LLC, Chagrin Falls, OH, for Petitioner.

Jennifer Leigh Reynaud, U.S. Department of Justice, Washington, DC, for Respondent.

DECISION ON DAMAGES1

On December 30, 2019, Megan Swanzer filed a petition for compensation under 

the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2(the 

“Vaccine Act”). Petitioner alleges that as a result of the tetanus-diphtheria-acellular 

pertussis (“Tdap”) vaccine she received on March 4, 2018, she suffered a shoulder injury 

related to vaccination (“SIRVA”) as defined on the Vaccine Injury Table (the “Table”). 

Petition (ECF No. 1) at Preamble. The case was assigned to the Special Processing Unit 

of the Office of Special Masters. 

1 Because this unpublished opinion contains a reasoned explanation for the action in this case, I am 

required to post it on the United States Court of Federal Claims' website in accordance with the EGovernment Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic 

Government Services). This means the opinion will be available to anyone with access to the internet.

In accordance with Vaccine Rule 18(b), petitioner has 14 days to identify and move to redact medical or 

other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon 

review, I agree that the identified material fits within this definition, I will redact such material from public 

access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

The Clerk of Court is directed to enter judgment in accordance with this decision.3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice 

renouncing the right to seek review.

On February 3, 2022, a ruling on entitlement was issued, finding Petitioner entitled 

to compensation for SIRVA. On July 22, 2022, Respondent filed a proffer on award of 

compensation. Proffer at 1-2. In the Proffer, Respondent represented that Petitioner 

agrees with the proffered award. Id. Based on the record as a whole, I find that Petitioner 

is entitled to an award as stated in the Proffer. 

Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump 

sum payment of $51,400.91 (representing $50,000 for pain and suffering, and 

$1,400.91 for past unreimbursable expenses) in the form of a check payable to 

Petitioner. This amount represents compensation for all damages that would be available 

under Section 15(a). 
1 

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

MEGAN SWANZER,

Petitioner, 

v. 

SECRETARY OF HEALTH AND

HUMAN SERVICES, 

Respondent. 

 No. 19-1970V 

 Chief Special Master Corcoran

 ECF 

PROFFER ON AWARD OF DAMAGES

On December 30, 2019, Megan Swanzer (“petitioner”) filed a petition for compensation 

under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 

(“Vaccine Act” or “Act”), as amended. Petitioner alleges that her receipt of a tetanus-diphtheriaacellular pertussis (“Tdap”) vaccine on March 4, 2018, resulted in a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) (a Table injury). Petition at 1. On February 3, 2022, Chief 

Special Master Corcoran issued a Ruling on Entitlement, finding that petitioner was entitled to 

vaccine compensation for her SIRVA. See Ruling on Entitlement (ECF #46). 

I. Items of Compensation

A. Pain and Suffering

Respondent proffers that petitioner should be awarded $50,000.00 in actual and projected 

pain and suffering. This amount reflects that any award for projected pain and suffering has 

been reduced to net present value. See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

B. Past Unreimbursable Expenses

Evidence supplied by petitioner documents that she incurred past unreimbursable 

expenses related to her vaccine-related injury. Respondent proffers that petitioner should be 
2 

awarded past unreimbursable expenses in the amount of $1,400.91. See 42 U.S.C. § 300aa15(a)(1)(B). Petitioner agrees.

II. Form of the Award

Petitioner is a competent adult. Evidence of guardianship is not required in this case.

Respondent recommends that the compensation provided to petitioner should be made through a 

lump sum payment of $51,400.91, in the form of a check made payable to petitioner. 1 This 

lump sum payment represents all elements of compensation to which petitioner would be entitled 

under 42 U.S.C. § 300aa-15(a). Petitioner agrees. 

Respectfully submitted, 

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General 

C. SALVATORE D’ALESSIO

Acting Director

Torts Branch, Civil Division

HEATHER L. PEARLMAN

Deputy Director

Torts Branch, Civil Division 

DARRYL R. WISHARD

Assistant Director

Torts Branch, Civil Division 

 s/Jennifer L. Reynaud 

JENNIFER L. REYNAUD

Senior Trial Attorney

Torts Branch, Civil Division 

U.S. Department of Justice 

P.O. Box 146 

Benjamin Franklin Station

Washington, D.C. 20044-0146 

Tel: (202) 305-1586 

Date: July 22, 2022 Jennifer.L.Reynaud@usdoj.gov 

1

 Should petitioner die prior to the entry of judgment, the parties reserve the right to move the 

Court for appropriate relief. In particular, respondent would oppose any award for future 

medical expenses, future lost earnings, and future pain and suffering.